Here the en banc court affirmed the dismissal of the petitioner's challenge to his deportation proceedings, but on different grounds than the panel's decision reported at 141 F.3d 932, based largely on recent Supreme Court rulings.

The Court held that after the Supreme Court's ruling in Reno v. American-Arab Anti-Discrimination ...

In the words of the Court, this case "is a challenge to the district court's decision to add forty-seven months to Kenneth Lippitt's prison term for failing to pay a criminal fine ordered in conjunction with his original drug- related sentence." (Id., at 874). The decision is noteworthy not only ...

QUOTE OF THE WEEK - The latest figures released by the Department of Justice's Bureau of Justice Statistics show that there are now more than 4.1 million Americans serving at the pleasure of parole and probation officers all over the country. That's on top of the 1.82 million people who ...

This is an interesting motorist search case in which the underlying issue was whether the district court erred in denying a motion to suppress evidence seized during a warrantless search of a car because it placed greater faith in the testimony of a police officer simply because of his official ...

On remand from the Supreme Court, the Court reaffirmed its opinion previously reported at 162 F.3d 1338, that the IIRIRA precludes habeas jurisdiction over an alien's petition challenging his deportation, albeit on more limited grounds.

The Court's decision discussed at length the Supreme Court's ruling in Reno v. American-Arab Anti-Discrimination ...

Here the Court rejected the defendant's attempt to resurrect the "same evidence test" that the Supreme Court briefly endorsed, but then rejected in U.S. v. Dixon, 509 U.S. 688 (1993), in analyzing double jeopardy claims.

Here the defendant was first prosecuted on two counts: one count of obstruction of justice ...

This is one of those relevant conduct cases that shows how the Government seeks to expand drug sentences beyond reason. The defendant was initially indicted for various drug offenses arising out of three separate transactions. The first involved his arrest in 1992 at the Mexican border for the possession of ...

The Court firmly held that "Knoweldge of the possible location of a firearm . . . is not a showing of power and intention to exercise dominion and control over an object" - and it rejected the Government's contention that because the defendant was in the company of a person ...

In the words of the Court, this case "is a challenge to the district court's decision to add forty-seven months to Kenneth Lippitt's prison term for failing to pay a criminal fine ordered in conjunction with his original drug- related sentence." (Id., at 874). The decision is noteworthy not only ...

The Court stated: "Because Chapter 7's policy statements are not binding, a revocation sentence exceeding the suggested range is just that, a sentence. It is not an "upward departure" because there is no binding guideline from which to depart. Although at an original sentencing proceeding a court must provide reasonable ...

Here the Court reversed a district court's holding that the Probation Department has the authority to impose an occupational restriction on a defendant as a condition of his supervised release, when the sentencing court failed to do so.

This case presents a revealing example of how the Probation Department constantly ...

Here the defendant was first prosecuted on two counts: one count of obstruction of justice in violation of 18 U.S.C. § 1503, and one count of criminal contempt in violation of 18 U.S.C. § 401(3). After the conviction for contempt was reversed, in a decision reported at 71 F.3d 1214, ...

This case contains an extensive discussion of the possibility of a downward sentencing departure based on a parent's coercive influence over a child. The majority, which decided that the appropriate Guideline in such a case is U.S.S.G. § 5K2.12 (coercion and duress), effectively concluded that the Guidelines do not permit ...

This case is noted for the Court's extended discussion of the scope of the so-called "savings clause" of 28 U.S.C. § 2255, which permits a prisoner to file a § 2241 petition if the § 2255 remedy is inadequate or ineffective. In emphasizing that the circumstances under which § 2255 ...

In this case, the defendant had made an earlier application to visit his daughter, who was studying in Italy, on her birthday. The trip would have been paid for by the defendant's wife; and because she got a "two-for-one" travel ticket, she even agreed to contribute $2,500 towards the defendant's ...

The Court noted that the Supreme Court, in U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975), had identified eight factors that the courts should consider when evaluating the validity of such "border" searches, and it stressed that "No single factor is determinative; the totality of circumstances must govern the reasonableness of ...

Here, in reversing an aggravating role enhancement under USSG § 3B1.1(c), the Court held that, despite a statement in the presentence report that the defendant was an organizer of at least 3 other persons, there was no such evidence in the record.

The Court noted that even the district court ...